Written Question · S4W-17754 · Session 4
Whether it will seek to amend the Equality Act 2010 to (a) include in the protected characteristic of religion or belief, support for the c…
The question
To ask the Scottish Government whether it will seek to amend the Equality Act 2010 to (a) include in the protected characteristic of religion or belief, support for the current definition of marriage and (b) ensure that people opposed to same-sex marriage should not experience any detriment because of their views.
The answer
No.
The Scottish Government fully respects the belief held by many people and organisations that marriage can only ever be between a man and a woman. However, we would not support an amendment to the protected characteristic of religion or belief in the Equality Act 2010 to make specific provision on beliefs about marriage.
Adding a specific amendment to the protected characteristic which related to beliefs about marriage could cast doubt about whether other strongly held beliefs are covered as well.
Where necessary, the Government is proposing provision to protect specific persons, such as the provisions in the Marriage and Civil Partnership (Scotland) Bill, and related amendments to the 2010 Act, to make it clear that religious and belief bodies opposed to same sex marriage are under no obligation to solemnise such marriages.
The Government has indicated that persons opposed to same sex marriage should suffer no detriment just because of their reasonably expressed views. The Bill has provision at section 14 making it clear that the introduction of same sex marriage will have no impact on existing rights to freedom of speech. In addition, the Lord Advocate has issued prosecution guidance in relation to same sex marriage:
http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/PROSECUTION%20GUIDANCE%20IN%20RELATION%20TO%20SAME%20SEX%20MARRIAGE.pdf.
The Scottish Government fully respects the belief held by many people and organisations that marriage can only ever be between a man and a woman. However, we would not support an amendment to the protected characteristic of religion or belief in the Equality Act 2010 to make specific provision on beliefs about marriage.
Adding a specific amendment to the protected characteristic which related to beliefs about marriage could cast doubt about whether other strongly held beliefs are covered as well.
Where necessary, the Government is proposing provision to protect specific persons, such as the provisions in the Marriage and Civil Partnership (Scotland) Bill, and related amendments to the 2010 Act, to make it clear that religious and belief bodies opposed to same sex marriage are under no obligation to solemnise such marriages.
The Government has indicated that persons opposed to same sex marriage should suffer no detriment just because of their reasonably expressed views. The Bill has provision at section 14 making it clear that the introduction of same sex marriage will have no impact on existing rights to freedom of speech. In addition, the Lord Advocate has issued prosecution guidance in relation to same sex marriage:
http://www.copfs.gov.uk/images/Documents/Prosecution_Policy_Guidance/Guidelines_and_Policy/PROSECUTION%20GUIDANCE%20IN%20RELATION%20TO%20SAME%20SEX%20MARRIAGE.pdf.
In the Official Report
No contribution in the Official Report cites S4W-17754 by reference.